January 18, 2012

Below is the e-mail/letter that I sent to Sen. Klobuchar and Sen. Franken. With Rep. Keith Ellison already speaking out against the House version (SOPA), I thought I would try to do what I could to speak out against the PIPA. Also, the fact that these Bills exist at all are testimony to the complete and utter ineptitude of the EFF (see my first post). I really thought the DMCA was bad enough! Even IP rights holders should be against the DMCA/SOPA/PIPA – they are all ineffectual, overwrought, and dangerous.

Better get ready for a splintered internet.

Senator,

I write to you to urge you to vote against the Protect IP Act and to consider persuading your fellow Senators to similarly vote against it. I am a lawyer in your district, and I graduated from the University of Minnesota Law School in 2009. I have grave concerns about both the legitimacy and the effectiveness of the Act as proposed.

In 2008, I wrote an article titled: The Digital Millennium Copyright Act Takedown Notice Procedure: Misuses, Abuses, and Shortcomings of the Process (which can be found here: http://mjlst.umn.edu/uploads/g6/0Y/g60YyRWIzsFGnQ9z-ww13A/101_cobia.pdf). I am familiar with the relevant laws currently in place, and the Protect IP Act would add no additional protection for IP holders. It would unnecessarily burden websites, businesses, and your constituents. This law also has the possibility for major unintended consequences. The Act is a threat to American autonomy and dominance (a splintered internet is a very likely result). The Act will also severely damage the fundamentals of Democracy, Justice, and Liberty.

Please feel free to contact me if you would like to hear how the DMCA could be amended to acheive all of the stated goals of the Protect IP Act without any of the nasty side effects.

Thank you for your attention to this matter. To state it plainly: If you vote for this Act, I will vote against you in your next election and encourage everyone I know to do the same. This is that important of an issue.